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TITLE 26-INTERNAL REVENUE CODE "(1) in the case of nonresidential real property, if the construction period begins after December 31, 1975, "(2) in the case of residential real property (other than low-income housing), to taxable years begin- ning after December 31, 1977. and "(3) in the case of low-income housing, to taxable years beginning after December 31, 1981. For purposes of this subsection, the terms 'nonresiden- tial real property', 'residential real property (nther than low-income housing)', 'low-income housing', and 'construction period' have the same meaning as when used in section 189 of the Internal Revenue Code of 1954 (as added by subsection (a) of this section) (this section]." § 190. Expenditures to remove architectural and transportition barriers to the handicapped and elderly (a) Treatment as expenses (1) In general A taxpayer may elect to treat qualified ar- chitectural and transportation barrier remov- al expenses which are paid or Incurred by him during the taxable year as expenses which are not chargeable to capital account. The ex- penditures so treated shall be allowed as a de- duction. (2) Election An election under paragraph (1) shall be made at such time and in such manner as the Secretary prescribes by regulations. (b) Definitions For purposes of this section- (1) Architectural and transportation barrier remov. al expenses The term "architectural and transportation barrier removal expenses" means an expendi- ture for the purpose of making any facility or public transportation vehicle owned or leased by the taxpayer for use in connection with his trade or business more accessible to, and usable by, handicapped and elderly individ- uals. (2) Qualified architectural and transportation bar- rier removal expenses The term "qualified architectural and transportation barrier removal expense" means, with respect to any such facility or public transportation vehicle, an architectur- al or transportation barrier removal expense with respect to which the taxpayer estab- lishes, to the satisfaction of the Secretary, that the resulting removal of any such barrier meets the standards promulgated by the Sec- retary with the concurrence of the Architec- tural and Transportation Barriers Compli- ance Board and set forth in regulations pre- scribed by the Secretary. (3) Handicapped individual The term "handicapped individual" means any individual who has a physical or mental disability (including, but not limited to, blind- ness or deafness) which for such individual constitutes or results in a functional limita- tion to employment, or who has any physical or mental impairment (including, but not limited to, a sight or hearing impairment) which substantially limits one or more major life activities of such individual. (c) Limitation The deduction allowed by subsection (a) for any taxable year shall not exceed $25,000. (d) Regulations The Secretary shall prescribe such regula- tions as may be necessary to carry out the pro- visions of this section within 180 days after the date of the enactment of the Tax Reform Act of 1976. (Added Pub. L. 94-455, title XXI, § 2122(a), Oct. 4, 1976, 90 Stat. 1914.) REFERENCES IN TEXT Tax Reform Act of 1976, referred to in subsec. (d), is Pub. L. 94-455, Oct. 4, 1976, 90 Stat. 1520. The date of enactment of such act probably means Oct. 4, 1976, the date of approval of the Tax Reform Act of 1976. For complete classification of this Act to the Code, see Tables volume. EFFECTIVE DATE Section 2122(c) of Pub. L. 94-455 provided that: "The amendments made by this section [enacting this section and amending sections 263(a)(1), 1245(a)(2) and 1250(b)(3) of this title] shall apply to taxable years beginning after December 31, 1976, and before January 1, 1980." SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 263 of this title. § 191. Amortization of certain rehabilitation expendi. tures for certified historic structures (a) Allowance of deduction Every person, at his election, shall be entitled to a deduction with respect to the amortization of the amortizable basis of any certified histor- ic structure (as defined in subsection (d)) based on a period of 60 months. Such amortization deduction shall be an amount, with respect to each month of such period within the taxable year, equal to the amortizable basis at the end of such month divided by the number of months (including the month for which the de- duction is computed) remaining in the period. Such amortizable basis at the end of the month shall be computed without regard to the amor- tization deduction for such month. The amorti- zation deduction provided by this section with respect to any month shall be in lieu of the de- preciation deduction with respect to such basis for such month provided by section 167. The 60-month period shall begin, as to any historic structure, at the election of the taxpayer, with the month following the month in which the basis is acquired, or with the succeeding taxable year. (b) Election of amortization The election of the taxpayer to take the am- ortization deduction and to begin the 60-month period with the month following the month in which the basis is acquired, or with the taxable year succeeding the taxable year in which such basis is acquired, shall be made by filing with the Secretary, in such manner, in such form, and within such time as the Secretary may by regulations prescribe, a statement of such elec- tion. (c) Termination of amortization deduction A taxpayer who has elected under subsection (b) to take the amortization deduction provided In subsection (a) may, at any time after making Page 191 § 191